So if a Nashville restaurateur wants to ban guns from his business, it's safe to say Michaels would have his back. But what if the restaurant owner argues the case as a matter of federal preemption? After all, the Obama Administration is busy ridding federal regulations of preemption language.

Nashville restaurant owner plans to ask today for a quick decision in his lawsuit challenging the new state law that allows guns in restaurants and bars.

Randy Rayburn, who owns Sunset Grill, Midtown Cafe and Cabana, and his fellow plaintiffs will file a motion in Davidson County Chancery Court seeking summary judgment in the case, attorney David Randolph Smith said Friday.

Smith said the law, which took effect last month, creates unsafe workplaces, violating federal occupational safety and health laws.

"We're moving for summary judgment on the idea that state law is pre-empted by OSHA," he said.

So preemption serves the public health and safety goals that Michaels embraces, but President Obama, who will nominate him, opposes preemption.